Part 2
Regulated data services
Main obligations:
Customer data
16Data holder may or must refuse request for data in certain circumstances
Despite sections 14 and 15, a data holder may refuse to provide any data requested under either of those sections—
- if the disclosure of the data would be likely to pose a serious threat to the life, health, or safety of any individual, or to public health or public safety (see subsection (3)); or
- if the data holder reasonably believes that disclosure of the data would create a significant likelihood of serious harassment of an individual; or
- if the data holder reasonably believes that disclosure of the data would create a significant likelihood of serious financial harm to any person; or
- if the data holder reasonably believes that it is likely that the request was made (wholly or in part) as a consequence of deception; or
- if the data holder reasonably believes that disclosure of the data would be likely to have a materially adverse effect on the security, integrity, or stability of either or both of the following:
- the data holder’s information and communication technology systems:
- the register; or
- the data holder’s information and communication technology systems:
- in the case of section 14, if the customer owes a debt to the data holder in relation to charges imposed for responding to the request; or
- in the case of section 15, if the accredited requestor owes a debt to the data holder in relation to charges imposed for responding to the request or providing any other regulated data services; or
- in the case of section 15, if the data holder reasonably believes that the accredited requestor has contravened any obligation under this Act in connection with the request; or
- in the circumstances prescribed in the regulations or standards.
Despite sections 14 and 15, a data holder must refuse to provide any data requested under either of those sections if the data holder has reasonable grounds to believe that the request is made under the threat of physical or mental harm.
In this Act, serious threat means a threat that a data holder reasonably believes to be a serious threat having regard to all of the following:
- the likelihood of the threat being realised; and
- the severity of the consequences if the threat is realised; and
- the time at which the threat may be realised.